Commonwealth of Australia

Telecommunications Act 1997

Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 3 of 2015)

 

I, MALCOLM BLIGH TURNBULL, Minister for Communications, make the following Determination under subclause 6(3) of Schedule 3 to the Telecommunications Act 1997 and subsection 33(3) of the Acts Interpretation Act 1901.

 

Dated         21 August 2015.

 

 

 

 

 

MALCOLM BLIGH TURNBULL

Minister for Communications

 

_________________________________________________________________

1              Name of Determination

This Determination is the Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 3 of 2015).

2              Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments. 

3              Variation

The Telecommunications (Low-impact Facilities) Determination 1997 is amended as set out in the Schedule to this Determination.

4              Expiry

This Determination expires on the day after it commences as if it had been repealed by another legislative instrument. 


Schedule  Amendments

   (Section 3)

[1] Section 1.3, after the definition of Aboriginal person

Insert

  access terminal means a connector device that allows a line link to be connected to a drop cable.                           

 

[2] Section 1.3, after the definition of Act

Insert

  amplifier means an enclosure (and any associated devices) which is used to amplify a signal along a telecommunications cable (whether such a cable is deployed overhead or underground).

 

[3]  Section 1.3, definition of building connection equipment

Omit

 

[4] Section 1.3, definition of Designated Installation Period

Omit, and insert

  drop cable means a cable (whether deployed overhead or underground) from an access terminal, optical node or splice enclosure to any of the following:
 

  (a)  a premises connection device;
 

  (b)  a network termination device; or

 

  (c)  a point of connection situated at an end user’s premises.

 

[5] Section 1.3, definition of HFC Trial Region

Omit, and insert

external building connection equipment means a facility which is:

(a)      installed or attached to a multi-unit building;  and

(b)      used (or intended to be used at some future time) in the supply of carriage services to end users that are, or are to be, located in any of the following:

 (i) the building to which the facility is installed or attached; or

 (ii) nearby any related buildings.


[6] Section 1.3, definition of IEEE 1222-2011 Standard

Omit

 

[7]  Section 1.3, after the note accompanying the definition of installation

 Insert

internal building connection equipment means a facility which is:

(a)    installed in a multi-unit building; and

(b)    used (or intended to be used at some future time) in the supply of carriage services to end users that are, or are to be, located in any of the following:

 (i) the building in which the facility is installed; or

 (ii) nearby any related buildings.

 

[8] Section 1.3, definition of network termination unit

 Omit, and insert

  network termination device means a device which establishes a demarcation point between the carrier’s telecommunications network and customer cabling or customer equipment.

 

[9]  Section 1.3, definition of optical fibre drop cable

 Omit and substitute

optical node means an enclosure or device in which a telecommunications cable is connected:

(a)      with one or more drop cables; or

(b)      to an access terminal.

 

[10] Section 1.3, definition of optical fibre termination box (Type A)

 Omit


[11] Section 1.3, definition of optical fibre termination box (Type B)

  Omit

 

[12]  Section 1.3, definition of power supply

 Omit and substitute

power supply means a device that connects a network termination device, optical node or amplifier to a source or supply of electrical power.

premises connection device means an enclosure (and any associated devices) which is used to terminate a drop cable (whether such a cable is deployed overhead or underground) for the transition of that cable to another facility or in-building cabling.

[13]  Section 1.3, after definition of significant environmental disturbance

 Insert

splice enclosure means a device that is spliced to a drop cable or other line link, or otherwise connected to an access terminal.

 

[14]  Section 1.3, after the note accompanying the definition of tower

 Insert

underground network equipment means a device that is:
 

(a)      located underground in a pit or conduit; and
 

(b)      part of a network for the high speed carriage of communications.
 

[15]     Column 2, Item 8 of Part 3 of the Schedule

Omit

  Building connection equipment:

(a)                the substantive volume of which is not more than 0.59 cubic metres; and

(b)               that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and      non-discriminatory basis; and

(c)                that is installed at any time during the Designated Installation Period.

Insert

 External building connection equipment:

(a)                the substantive volume of which is not more than 0.59 cubic metres; and

(b)               that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and         non-discriminatory basis.

 [16]   Column 2,  Item 9 of Part 3 of the Schedule

 Omit

  In-building network equipment:

(a)                the substantive volume of which is not more than 0.59 cubic metres; and

(b)               that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and         non-discriminatory basis; and

(c)                that is installed at any time during the Designated Installation Period.

 Insert

Internal building connection equipment:

(a)                the substantive volume of which is not more than 1.3 cubic metres; and

(b)               that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and         non-discriminatory basis.

 

[17]  After Item 9 of Part 3 of the Schedule

           Insert

 

10

 

In-building network equipment:

(a)    the substantive volume of which is not more than 1.3 cubic metres; and

(b)    that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and             non-discriminatory basis.
 

 

Residential

Commercial

Industrial

Rural

 

 


[18] Part 4 of the Schedule, heading

 Omit the heading, and substitute

Part 4  Underground facilities (for fixed-line networks)

 

[19] Item 6, Part 4 of the Schedule

            Omit the item, and substitute

6

 

Underground network equipment:

(a)    the substantive volume of which is not more than 0.23 cubic metres; and

(b)    that is, or is to be, part of a national network, used, or for use, for the high speed carriage of communications, on a wholesale-only and             non-discriminatory basis.

Residential

Commercial

Industrial

Rural

 

 

[20]    Part 4A of the Schedule

 Omit the Part, and substitute

Part 4A Above ground facilities (for fixed-line networks)

 

Column 1
Item no.

Column 2
Facility

Column 3
Areas

1

A single line link or a bundle of line links:

(a) suspended above the surface of:

 (i) land (other than submerged land); or

 (ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; or

(b) protruding from the surface of land (other than submerged land); and

(c) the maximum external cross-section of any part is:

 (i) in the case of a single line link—48 millimetres;

 (ii) in the case of a bundle of line links—48 millimetres;

(d)    deployed on, or attached to, a public utility structure, building or other structure; and

(e) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Residential

Commercial

Industrial

Rural

2

Optical node:

(a) suspended above the surface of:

 (i) land (other than submerged land); or

 (ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; and

(b) either:

 (i) forming part of (or integrated with) a cable; or

 (ii) clamped to, strung from, or otherwise affixed to a cable; or

        (iii)  mounted on a public utility structure, building or other structure;

(c) the substantive volume of which is not more than 0.21 cubic metres; and

(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Residential

Commercial

Industrial

Rural

3

Splice enclosure:

(a)    suspended above the surface of:

         (i)   land (other than submerged land); or

        (ii)   a river, lake, tidal inlet, bay, estuary, harbour or other body of water; and

(b)    either:

         (i)   forming part of (or integrated with) a cable; or

        (ii)   clamped to, strung from, or otherwise mounted on a public utility structure, building or other structure;

(c)    the substantive volume of which is not more than 0.046 cubic metres; and

(d)    that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Residential

Commercial

Industrial

Rural

4

Access terminal:

(a) suspended above the surface of:

 (i) land (other than submerged land); or

 (ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; and

(b) either:

         (i)   clamped to, strung from or otherwise affixed to a cable; or

        (ii)   clamped to, strung from, or otherwise mounted on a public utility structure, building or structure;

(c) the substantive volume of which is not more than 0.035 cubic metres; and

(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Residential

Commercial

Industrial

Rural

5

A single drop cable or a bundle of drop cables:

(a)        either:

         (i)   suspended above the surface of:

 A. land (other than submerged land); or

 B. a river, lake, tidal inlet, bay, estuary, harbour or other body of water; or

        (ii)   protruding from the surface of    land (other than submerged land); and

(b) either:

 (i) clamped to an electrical drop cable or other cable; or

 (ii) strung from a public utility structure, building or other structure; and

(c) attached to a building or other structure for the purposes of a subscriber connection;

(d) the maximum external cross-section of any part is:

 (i) in the case where a single drop cable is attached to a single-unit building—13 millimetres; or

 (ii) in the case where a bundle of drop cables is attached to a single-unit building—13 millimetres; or

 (iii) in the case where a single drop cable is attached to a multi-unit building—30 millimetres; or

 (iv) in the case where a bundle of drop cables is attached to a multi-unit building—30 millimetres; and

(e) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Residential

Commercial

Industrial

Rural

6

Premises connection device:

(a) attached to a building or other structure for the purposes of a subscriber connection;

(b) the substantive volume of which is not more than 0.04 cubic metres; and

(c) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Residential

Commercial

Industrial

Rural

7

Network termination device:

(a) attached to a building or other structure for the purposes of a subscriber connection;

(b) the substantive volume of which is not more than 0.02 cubic metres; and

(c) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Residential

Commercial

Industrial

Rural

 

8

Power supply:

(a) attached, clamped, strung from, or otherwise mounted, to a public utility structure, building or other structure for the purposes of powering network equipment and/or a subscriber connection;

(b) the substantive volume of which is not more than:

         (i)   0.005 cubic metres where connected to a network termination device;

          (ii)  0.15 cubic metres – where connected to an optical node or amplifier; and

(c) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Residential

Commercial

Industrial

Rural

9

Amplifier:

(a) suspended above the surface of:

 (i) land (other than submerged land); or

 (ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; and

(b) either:

         (i)   clamped to, strung from or otherwise affixed to a cable; or

        (ii)   clamped to, strung from, or otherwise mounted on a public utility structure, building or structure;

(c) the substantive volume of which is not more than 0.02 cubic metres; and

(d)    that is, or is to be, part of a national    network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Residential

Commercial

Industrial

Rural

10

Auxiliary network equipment:

(a)    which is used to:

(i)     connect, isolate, or split a cable; or

(ii)   inject power into cable; or

(iii) balance the distribution of power and radio frequency budget of a telecommunications network; or

(iv) actively manage the operational elements of a telecommunications network; and

(b)    either:

         (i)   clamped to, strung from or otherwise affixed to a cable; or

        (ii)   clamped to, strung from, or otherwise mounted on a public utility structure, building or structure;

(c)   the substantive volume of which is  

       not more than 0.002 cubic metres; 

       and

(d)  that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

 

Residential

Commercial

Industrial

Rural

 

 

[21] Part 4B of the Schedule

 Omit the Part